Ohio appeals court rules expanded EdChoice voucher program unconstitutional

An Ohio appeals court has ruled the state’s expanded EdChoice Scholarship Program unconstitutional, but families using the program will not see any immediate changes while the state appeals.

The 10th District Court of Appeals upheld a lower-court ruling that found the voucher program violates the Ohio Constitution by using public money to support a separate private-school system.

EdChoice allows families to use state-funded scholarships toward tuition at participating private schools. The program was significantly expanded in 2023 and now serves about 180,000 Ohio students.

In its ruling, the appeals court raised several concerns about the way the program is structured, including its effect on public-school funding, the level of state oversight of participating private schools, and the fact that private-school options are not equally available in every part of Ohio.

The court also said the program can place added financial pressure on public school districts by directing state education dollars toward private-school tuition.

However, the ruling has been stayed, meaning EdChoice will continue operating while the case moves to the Ohio Supreme Court.

Ohio Attorney General Andy Wilson said families currently participating in the program should not be concerned about an immediate disruption.

“Families should not worry, as there is no immediate impact from the ruling,” Wilson said.

Wilson also defended the state’s ability to help families choose private schools.

“I believe that parents should have the option to send their kids to the school of their choice,” he said, adding that he believes lawmakers have the authority to help families pay for that choice.

Wilson also pushed back on the argument that vouchers harm public schools, saying the current system does not hurt them and that the issue is ultimately about parental choice.

Supporters of the ruling argue that Ohio should instead direct more state education dollars toward public schools and fully fund the state’s public-school funding formula. Supporters of EdChoice say eliminating the program would take away an important option for thousands of families.

The case is now expected to move to the Ohio Supreme Court, which will ultimately decide whether the expanded EdChoice program can continue in its current form.