West Virginia Code § 18-31-13

Legal proceedings; severability
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(a) No liability arises on the part of the board or the state or of any county school district
based on the award or use of a Hope Scholarship awarded pursuant to this article.
(b) It is the intention of the Legislature in the enactment of this article that if any part of this
article is challenged in court as violating either the state or federal constitution, the parents
of eligible Hope Scholarship students should be deemed to have standing to be parties to
such litigation, and should be permitted by the court to intervene if they are not already
parties to such litigation.
(c) If any provision of this article or the application of any such provision of this article to
any person or circumstance is held invalid by a court of competent jurisdiction, the
remainder of this article or the application of its provisions to persons or circumstances
other than those to which it is held invalid is not affected thereby.

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