Ohio appeals court rules EdChoice voucher program unconstitutional

A three-judge panel of the 10th District Court of Appeals in Franklin County unanimously ruled on Thursday that Ohio’s “EdChoice” private school voucher program is unconstitutional. The decision affirms a lower court ruling that found the program violates the Ohio Constitution’s requirement for “a thorough and efficient system of common schools.”

The program, which uses public taxpayer dollars to fund private school tuition, will remain operational pending an appeal to the Ohio Supreme Court. The state’s attorney general has stated he will appeal the decision.

Court Findings on Oversight and Choice

Judge David Leland, writing for the unanimous panel, stated that the program creates a separate school system that lacks the obligations imposed on public schools. “EdChoice, as presently structured and funded, secures with taxpayer funds a competing system of uncommon schools that is not subject to the same obligations imposed on Ohio’s system of common schools,” Leland wrote.

The court found that the program provides choice to private schools rather than to families. According to the ruling, participating private schools have “broad discretion” over admissions, including the ability to deny students “based on its perception that its stated admissions criteria are not met, whatever those criteria may be.”

“Thus, under the program, it is the participating school, not the student or their family, that chooses whether to admit the student and, consequently, whether the student may utilize taxpayer vouchers at that school,” the court said.

The judges also identified three specific harms to public schools: private schools “cherry-picking” students, the geographic concentration of participating schools in urban areas, and a reduction in voter support for local school levies. The court noted these effects create a “downward spiral of reduced enrollment, reduced revenue, and increased fiscal pressure on schools.”

Legal Background and Financial Impact

The lawsuit was filed in 2022 by more than 300 public school districts, along with parents, students, and the Ohio Coalition for Equity & Adequacy of School Funding. The plaintiffs argued that the nearly 30-year-old voucher plan has created an unconstitutional system of separately funded private schools.

Ohio expanded EdChoice to a universal program in 2023, making it one of the largest in the U.S. The state spent more than a billion dollars of taxpayer money on private school vouchers in fiscal year 2025. According to Dayton Daily News reporting, voucher usage grew by 313% while enrollment at participating schools grew by only 3.7%.

Under current law, families making 450% or less of the federal poverty level are eligible for the full credit, which is about $6,200 annually for kindergarten through eighth grade and $8,400 for high school students. Families above that threshold receive partial credits.

Reactions from State Officials and Advocates

Interim Ohio Attorney General Andy Wilson said in a statement that he would appeal the decision. “I believe that parents should have the option to send their kids to the school of their choice. If the legislature wants to help parents fund that choice, then that is within the authority of the General Assembly to do so. The current system does not hurt our public schools,” Wilson said.

Ohio House Speaker Matt Huffman criticized the ruling, stating it is out of step with legal precedent. “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.”

Yitz Frank, President of School Choice Ohio, expressed disappointment but noted the program’s continuation during the appeal. “We are grateful that the court recognized the importance of preventing disruption for Ohio students and families by allowing the EdChoice and EdChoice Expansion programs to continue during the appeals process,” Frank said.

William L. Phillis, a representative for Vouchers Hurt Ohio, called the decision a victory. “This is a $1 billion boondoggle for mostly religious schools, which decide who they let in and who they shut out,” Phillis said. “It’s a refund and rebate program for mostly wealthy families whose children were already enrolled in private schools.”

Why it matters

The ruling highlights the ongoing legal and political conflict over school choice in Ohio. With approximately 180,000 students currently in the EdChoice program, the outcome of the appeal to the 6-1 Republican-controlled Ohio Supreme Court will determine the future of the state’s universal voucher system. The case also intersects with the 2026 gubernatorial race, with Democratic candidate Amy Acton advocating for full funding of public schools and Republican candidate Vivek Ramaswamy supporting educational choice.

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Sources

• thestar.com: Another court declares Ohio school choice voucher program unconstitutional
• ohiocapitaljournal.com: Ohio appeals court rules state's private school voucher system unconstitutional • Ohio Capital Journal
• hindustantimes.com: Another court declares Ohio school choice voucher program unconstitutional | Hindustan Times
• news5cleveland.com: Ohio appeals court rules EdChoice private school voucher system unconstitutional
• daytondailynews.com: Ohio appeals court rules school voucher system unconstitutional | Local | daytondailynews.com
• statenews.org: Ohio's K-12 voucher program is ruled unconstitutional by appeals court | The Statehouse News Bureau

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.