CHARLESTON, WV (WOWK) — A controversial West Virginia school funding plan is now being challenged in court. It’s known as the Hope Scholarship program. This lawsuit is interesting because some of the combatants are ostensibly on the same team.

Last year the legislature passed, and the governor signed, the “Hope Scholarship” program. It would allow parents to essentially take tax dollars they put into the public school system, and use them to pay for their kids to go to private schools.

Three thousand students have already applied to get up to $4,300 for the coming school year. Many educators fear it will hurt public schools.

“We are to provide a free and public education, thorough and efficient for every student, not a private school. And diverting public dollars to private school students, is just against what the Constitution says,” said Dale Lee, President, West Virginia Education Association.

“I think that our families always deserve choice. And so I was proud to sign it,” said Gov. Jim Justice, (R) West Virginia.

The governor says he has no problem with the state school superintendent and the board of education opposing him in the lawsuit. While he appointed most of them, he says they must act independently from the governor’s office.

Attorney General Patrick Morrisey’s office says it will defend the state’s Hope Scholarship program in court.