The Tenth District Court of Appeals has ruled the state’s EdChoice universal voucher program is unconstitutional.
The program gives parents state dollars to use to send their children to private schools and was ruled unconstitutional by a Franklin County Common Pleas Court judge in 2022. But it was allowed to continue during the appeal.
Writing for the three-member panel of the Tenth District Court of Appeals, Judge David J. Leland said “EdChoice” is misleading because the choice lies with the private schools, not the parents.
Leland wrote it violates the Ohio Constitution by funding a separate school system instead of the constitutional mandate for a singular public education system, that it lacks state oversight, and that it is unavailable to many rural Ohioans who are footing the bill for it.
Leland wrote it is drawing taxpayer dollars away from public schools and is “cherry-picking” students away from public schools, causing financial hardship while hurting the public schools’ ability to secure funding through local levies.
There are currently about 180,000 students in Ohio’s EdChoice program since it was expanded in 2023. Before that, vouchers were only available to students in certain low-income areas or to students who met other criteria based on their needs.
Today’s ruling puts a stay on the program, allowing it to continue as the lawsuit goes on to the Ohio Supreme Court. The Ohio Attorney General is expected to appeal the ruling.
Praise for the ruling
Opponents of vouchers are praising the ruling, saying it is a victory for public schools, students, parents, and taxpayers.
“This is a $1 billion boondoggle for mostly religious schools, which decide who they let in and who they shut out, " said William L. Phillis, speaking on behalf of Vouchers Hurt Ohio and the Coalition for Equity & Adequacy of School Funding. "It’s a refund and rebate program for mostly wealthy families whose children were already enrolled in private schools. Local taxpayers are left holding the $2 billion bill."
Former Ohio Supreme Court Chief Justice Eric Brown, who chairs the Vouchers Hurt Ohio Steering Committee, said the Ohio Constitution is clear.
"Lawmakers should be using tax dollars to fund a single system of common schools open to all children," Brown said. "EdChoice vouchers create a separate and unequal system of schools - one for the haves and one for the have-nots. Today's decision is a victory for public schools and all the children in this state."
Ohio Organizing Collaborative Co-Executive Director Molly Shack, Policy Matters Ohio Executive Director Hannah Halbert, Ohio Federation of Teachers President Melissa Cropper, and Ohio Education Association President Jeff Wensing released the following joint statement:
“Ohio’s universal voucher scheme diverts more than $1 billion per year to unaccountable private schools while legislators fail to fully and fairly fund our public schools, as they are legally required to do. The Court of Appeals correctly found this to be unconstitutional. Now it’s up to legislators and state officials to address this by returning to the Fair School Funding Plan, the bipartisan funding formula that is based on the actual costs of educating Ohio students. Public education families, educators, and other stakeholders will be mobilizing in 2027 to make sure the incoming General Assembly and Governor understand this is a priority of a broad coalition of public school supporters. Our students are counting on state leaders to finally do their job and deliver on the promise of the great public schools they all deserve – no exceptions.”
Criticism for the ruling
The President of School Choice Ohio, Yitz Frank, was disappointed with the ruling.
“We vehemently disagree with the ruling and we're very confident that when we appeal it to the Ohio Supreme Court they'll agree with us,” Frank said.
He said if the court allows this ruling to stand, “it'll have a devastating effect on 180,000 students that currently participate in Ohio scholarship programs, and I don't think that's acceptable.”
Ohio House Speaker Matt Huffman (R-Lima) said in a written statement that "the constitutionality of various school choice programs has been affirmed by the United States Supreme Court, the Ohio Supreme Court and a variety of other tribunals over the past several decades." Huffman said the decision of one of 12 courts of appeal in Ohio will not affect that.
Candidates for governor speak out
The Democrat running for Ohio governor, Amy Acton, said she hasn't had a chance to look at the ruling but said, "Public schools saved my life as a kid," and said the state needs to fully fund the bipartisan Fair School Funding Plan formula that was put in place a few years ago.
"Everywhere I go, people love their schools. In many communities, it is the center of the way of life. It's where healthcare is now happening, as you know, mental health care, workforce development, and we must honor this," Acton said. "We were going to give every single Ohioan access to education, and I'm going to build off of that legacy when I am governor."
A spokesman for Republican Vivek Ramaswamy said he will comment about the ruling shortly.
This story is breaking. Updates will be made to it as more information becomes available.
