Uploaded August 2026 | Updated September 2026, 3 weeks ago
West Virginia Attorney General J.B. McCuskey is threatening legal action against the West Virginia Board of Education and Kanawha County Schools after parents complained to his office about a district letter sent out to parents utilizing the Hope Scholarship.
More than 26,000 students applied for the Hope Scholarship for the current school year as eligibility opened to anyone interested, marking a nearly fivefold increase since the program launched for the 2024–25 term. Participating students receive more than $5,400 to use toward their education.
Friction arose after parents reported receiving a letter from Kanawha County Schools regarding students with Individualized Education Programs (IEPs).
According to the Attorney General's Office, the district's letter improperly treats a Hope Scholarship "notice of intent" as a revocation of special education consent. State officials raised concerns that the wording could potentially strip students of services and disability-related discipline protections if they chose to return to public school.
State Treasurer Larry Pack, whose office is connected to the scholarship program, said the phrasing raised immediate red flags for families.
"If you read that letter, it just seems like, 'Hey, if you make that decision, just realize you can't come back,'" Pack said. "I don't think they really meant it that way, but that's sure the way it read."
Pack added that McCuskey's office stepped in to seek clarity and protect parental rights.
"The attorney general feels like this rises to an occasion of, 'I need to make it really clear what our positions are and why our positions are,'" Pack said. "I think he really delineated what he believes [and] why he believes it, but he raised the questions because he wants to be sure."
In a statement responding to the attorney general's letter, Kanawha County Schools defended its paperwork as routine but confirmed it would modify the wording.
The district maintained that the core purpose of the notice remains the same: alerting parents that students with IEPs will no longer have an active IEP upon withdrawing from public school, in accordance with federal and state law.
Kanawha County officials also criticized the attorney general’s legal analysis, stating that McCuskey’s letter "leaves out pivotal points of the law that make the difference in the legal analysis, and that is unfortunate."
The Attorney General's Office declined further comment beyond its written letters, noting that the legal documents stand on their own.
The State Board of Education declined to answer specific questions, stating via email that any official response would be distributed to media outlets as it becomes available.
The full statement from Kanawha County Schools is below:
"We received a copy of Attorney General McCuskey’s letter from the West Virginia Department of Education, since it was not sent to the Kanawha County Board of Education. We are reviewing the letter that is sent out to parents who file a notice of intent to leave public education and making necessary changes to the wording.
However, the purpose of the letter will remain the same, which is to alert parents of students with IEPs that at the time of their withdrawal from public school, they will no longer have an IEP. This is a required notice and in accordance with federal and state law. Furthermore, the letter does and will continue to state that should the student return to public education, their student’s IEP will not automatically be reinstated as it was at the time of the withdrawal. This is also in accordance with federal and state law.
Kanawha County Schools does not have a policy on this issue, as Mr. McCuskey indicated. We developed this letter to accompany the required prior written notice sent to parents who are withdrawing from public school, based on guidance that the WVDE issued in 2018, long before the Hope Scholarship existed. This letter has accompanied the required PWNs since 2024 and was written due to parent confusion regarding the status of their students' prior IEP upon re-enrollment. Further, the information is consistent with information contained on the state treasurer’s website that is publicly available."
FULL STORY: wchstv.com/news/local/west-virginia-ag-threatens-legal-action-over-hope-scholarship-letter
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West Virginia Attorney General J.B. McCuskey is threatening legal action against the West Virginia Board of Education and Kanawha County Schools after parents complained to his office about a district letter sent out to parents utilizing the Hope Scholarship.
More than 26,000 students applied for the Hope Scholarship for the current school year as eligibility opened to anyone interested, marking a nearly fivefold increase since the program launched for the 2024–25 term. Participating students receive more than $5,400 to use toward their education.
Friction arose after parents reported receiving a letter from Kanawha County Schools regarding students with Individualized Education Programs (IEPs).
According to the Attorney General's Office, the district's letter improperly treats a Hope Scholarship "notice of intent" as a revocation of special education consent. State officials raised concerns that the wording could potentially strip students of services and disability-related discipline protections if they chose to return to public school.
State Treasurer Larry Pack, whose office is connected to the scholarship program, said the phrasing raised immediate red flags for families.
"If you read that letter, it just seems like, 'Hey, if you make that decision, just realize you can't come back,'" Pack said. "I don't think they really meant it that way, but that's sure the way it read."
Pack added that McCuskey's office stepped in to seek clarity and protect parental rights.
"The attorney general feels like this rises to an occasion of, 'I need to make it really clear what our positions are and why our positions are,'" Pack said. "I think he really delineated what he believes [and] why he believes it, but he raised the questions because he wants to be sure."
In a statement responding to the attorney general's letter, Kanawha County Schools defended its paperwork as routine but confirmed it would modify the wording.
The district maintained that the core purpose of the notice remains the same: alerting parents that students with IEPs will no longer have an active IEP upon withdrawing from public school, in accordance with federal and state law.
Kanawha County officials also criticized the attorney general’s legal analysis, stating that McCuskey’s letter "leaves out pivotal points of the law that make the difference in the legal analysis, and that is unfortunate."
The Attorney General's Office declined further comment beyond its written letters, noting that the legal documents stand on their own.
The State Board of Education declined to answer specific questions, stating via email that any official response would be distributed to media outlets as it becomes available.
The full statement from Kanawha County Schools is below:
"We received a copy of Attorney General McCuskey’s letter from the West Virginia Department of Education, since it was not sent to the Kanawha County Board of Education. We are reviewing the letter that is sent out to parents who file a notice of intent to leave public education and making necessary changes to the wording.
However, the purpose of the letter will remain the same, which is to alert parents of students with IEPs that at the time of their withdrawal from public school, they will no longer have an IEP. This is a required notice and in accordance with federal and state law. Furthermore, the letter does and will continue to state that should the student return to public education, their student’s IEP will not automatically be reinstated as it was at the time of the withdrawal. This is also in accordance with federal and state law.
Kanawha County Schools does not have a policy on this issue, as Mr. McCuskey indicated. We developed this letter to accompany the required prior written notice sent to parents who are withdrawing from public school, based on guidance that the WVDE issued in 2018, long before the Hope Scholarship existed. This letter has accompanied the required PWNs since 2024 and was written due to parent confusion regarding the status of their students' prior IEP upon re-enrollment. Further, the information is consistent with information contained on the state treasurer’s website that is publicly available."
FULL STORY: wchstv.com/news/local/west-virginia-ag-threatens-legal-action-over-hope-scholarship-letter
_________________________________________
Follow WCHS on social media:
Facebook: facebook.com/eyewitnessnewscharleston
Twitter: twitter.com/wchs8fox11
Instagram: instagram.com/wchs8fox11
For the latest local and national news, visit our website: wchstv.com
Sign up for our newsletter: wchstv.com/sign-up
